Written Answers Monday 9 November 2009

Scottish Executive

Alcohol

Robert Brown (Glasgow) (LD): To ask the Scottish Executive how the ruling of the Advocate General of the European Court of Justice that, in setting minimum prices for tobacco products, Austria, Ireland and France have breached EU competition rules impacts on Scottish Government plans to introduce a minimum price for alcohol and how it affects its argument that minimum pricing will not distort the market or breach competition rules.

Robert Brown (Glasgow) (LD): To ask the Scottish Executive what consideration it has given to the European Court of Justice’s assessment that, in meeting public health objectives, taxation and excise duties are preferable to setting minimum prices for tobacco products as they may adequately achieve these objectives while safeguarding the principle of free formation of price; whether it considers this assessment to be relevant to alcohol products, and what the reasons are for its position on this matter.

Robert Brown (Glasgow) (LD): To ask the Scottish Executive, in light of the ruling of the Advocate General of the European Court of Justice in relation to minimum prices for tobacco products, whether it considers that setting a minimum price for alcohol will distort the market in a way that limits competition and is to the detriment of products with a less established market share than established brands, new and imported products.

Robert Brown (Glasgow) (LD): To ask the Scottish Executive, given the uncertainty regarding the legality of its proposals for minimum pricing for alcohol, on what basis it considers minimum pricing for alcohol to be legal.

Robert Brown (Glasgow) (LD): To ask the Scottish Executive, given the uncertainty regarding the legality of its proposals for minimum pricing for alcohol, on what basis it disputes that minimum pricing for alcohol distorts the market and breaches competition rules.

Nicola Sturgeon: The relevant Directive which was considered in the opinion (not a ruling) of the Advocate-General to the European Court of Justice in respect of tobacco pricing is specifically about the excise duty on tobacco and the opinion was based on the precise wording of that Directive. It is therefore entirely inappropriate and irrelevant to translate the comments in this opinion about that specific Directive to the imposition of a minimum price for alcohol for public health reasons. The comments in the opinion on taxation of tobacco products being a better way of protecting health than minimum pricing of tobacco only relate to tobacco products. They do not mean that taxation would necessarily achieve our objective of protecting public health by reducing excessive alcohol consumption.

  The European Commission has already confirmed in a written statement to Catherine Stihler MEP that EU legislation does not prohibit member states from setting minimum retail prices for alcoholic drinks on public health grounds. We consider that the proposal for minimum pricing is capable of complying with European law if it is a proportionate measure aimed at the protection of human health and there is not a less intrusive way of achieving the same objective. We have always maintained that we do not underestimate the challenge of introducing minimum pricing, and that position and our determination to rise to that challenge, has not changed.

Alcohol

Robert Brown (Glasgow) (LD): To ask the Scottish Executive what consideration it has given to the statement in the report, Model-Based Appraisal of Alcohol Minimum Pricing and Off-Licensed Trade Discount Bans in Scotland: A Scottish adaptation of the Sheffield Alcohol Policy Model version 2, that a 50p minimum alcohol price is estimated to reduce alcohol-related crimes by 1.5% and whether it considers that this measure would reduce levels of alcohol-related violence.

Nicola Sturgeon: Minimum pricing is one of the most effective ways of reducing alcohol misuse and harm. The Sheffield modelling shows that health, crime and employment harms will all benefit from this policy.

  The estimated reduction in crime includes violent crime, criminal damage and acquisitive crimes. For illustrative purposes, a 40p minimum price combined with a discount ban is estimated to result in 3,200 fewer criminal offences per annum, of which around 850 are estimated to be violent crimes. The associated total financial value of harm reduction is £4.7 million.

Alcohol

Robert Brown (Glasgow) (LD): To ask the Scottish Executive what assessment it has made of the legality of proposals to ban the promotion of alcohol in off-sales premises.

Nicola Sturgeon: The Licensing (Scotland) Act 2005 sets out a range of "irresponsible drinks promotions" which mean certain promotions of alcohol are already banned in licensed premises. Some of these apply to both on-sales premises and off-sales premises, whereas some apply to on-sales premises only. Given there has been a move away from drinking in on-sales premises to purchasing alcohol from off-sales premises, the proposed Alcohol Bill will seek to bring off-sales into line with on-sales as far as the promotion of alcohol is concerned. The 2005 act enables ministers to add further descriptions of promotions to the mandatory conditions in the act.

Alcohol

Robert Brown (Glasgow) (LD): To ask the Scottish Executive whether it is within its power to ban the selling of alcohol at below the cost of excise duty plus VAT and, if so, what mechanisms it could use to do so.

Nicola Sturgeon: There is no evidence or modelling to suggest that banning the selling of alcohol at below the cost of excise duty and VAT would achieve our objective of protecting and improving public health.

  Since taxes are not fixed by reference to their anticipated effects on health and because excise duties are not imposed uniformly, this approach may have a disproportionate effect on some products. We believe that if the minimum price of alcohol is set at a minimum of the excise duty and VAT, this price would be so low as to have little or no effect on public health. We therefore do not consider this approach would be effective or robust, nor do we consider we would be able to justify restricting the market in this way.

Alcohol Misuse

Robert Brown (Glasgow) (LD): To ask the Scottish Executive what consideration it has given to the finding in the 2008/09 Scottish Crime and Justice Survey: First Findings that victims in 58% of violent crimes stated that the offenders were under the influence of alcohol and what action it is taking to tackle alcohol-fuelled violence.

Kenny MacAskill: We are working with the Violence Reduction Unit to develop innovative approaches to tackling violence. Through our Safer Streets programme we are investing £400,000 in initiatives to address alcohol-fuelled violence in city and town centres over the winter months. Through CashBack for Communities we will invest at least £13 million through to 2011 to help keep young people away from alcohol and out of trouble by providing youth diversionary activities. In line with commitments in Changing Scotland’s relationship with Alcohol a Framework for Action we are currently reviewing the identification and treatment of offenders with alcohol problems in criminal justice settings to address the issue of reoffending.

Cancer

Bill Butler (Glasgow Anniesland) (Lab): To ask the Scottish Executive, further to the answer to question S3W-27696 by Nicola Sturgeon on 5 October 2009, whether it has considered the findings of the Rarer Cancers Forum’s report, Exceptional Scotland?, in relation to anti-emetic treatments.

Nicola Sturgeon: There are many anti-emetic treatments available to patients within NHSScotland to reduce the incidence of nausea and vomiting which are common adverse effects of chemotherapy for cancer. Generally, these treatments fulfil the same function and some are considered to be inter-changeable with no impact on patient outcomes.

  NHS boards will make a choice for a particular anti-emetic for inclusion in a patient treatment protocol based on a number of considerations. The side effects of chemotherapy, including the occurrence of nausea and vomiting, will be assessed at each cycle and the anti-emetic regime will be altered as appropriate to another anti-emetic which either has been accepted by the Scottish Medicines Consortium or pre-dates the existence of the Scottish Medicines Consortium.

Energy

Rob Gibson (Highlands and Islands) (SNP): To ask the Scottish Executive, following the publication of the UK government’s response to its clean coal consultation, what its position is in relation to thermal guidance issues and in particular carbon capture and storage.

John Swinney: Under Section 36 of the Electricity Act 1989, the building of any new thermal based stations would require consent from Scottish Government ministers. We published draft Section 36 guidance for thermal power stations in early 2009 for consultation. We published the individual responses in March 2009, and also held a number of workshops to discuss some of the issues in more detail. The Scottish Government decided to await the outcome of the consultation of the UK government’s clean coal framework so that the regulatory framework in broad terms is similar across the UK as a whole, with the overall objective of encouraging carbon capture and storage (CCS) deployment and the objective of decarbonisation of the electricity sector by 2030.

  The UK Government has today published its response to the clean coal framework. The Scottish Government can therefore announce that its position on coal-fired power stations will be as follows:

  That from today, 9 November 2009, any application for a new coal plant in Scotland will need to demonstrate CCS on a minimum of 300MW (net) of capacity from their first day of their operation.

  Further new builds from 2020 would be expected to have full CCS from their first day of their operation.

  For regard to retro-fitting of existing coal plants, a "rolling review" of the technical and economic viability of CCS will take place with the aim of taking a final view on retro-fitting by 2018, with the likelihood of having existing plants retro-fitted by no later than 2025.

  If CCS is not seen as technically or financially viable at some stage in the future then alternatives will be considered based around the Emissions Trading Scheme, including consideration of an Emissions Performance Standard.

  These proposals relate to coal stations only. We can confirm that our position on gas, oil and thermal stations remains as per our answer to question S3W-24912 on 17 June 2009 where for stations over 300MWe, applicants will have to demonstrate that any new applications demonstrate carbon capture readiness.

  The Scottish Government is working closely with the UK Government on this issue, including the proposals in the forthcoming UK energy bill which will allow a levy on generation to be charged in order to fund up to four CCS demonstrator projects across the UK. We believe there are a number of demonstrator projects in Scotland which could attract funding under the proposed scheme and will want to ensure that the Scottish-based projects are considered favourably as part of the process of allocating funds to projects.

  The Scottish Government is determined to ensure that we become Europe’s leader in carbon capture and storage. The Scottish Government will continue to work with the UK Government, EU, business, research and academics to ensure we fully capitalise on Scotland’s potential. We are confident that this policy position strikes a balance between short-term security of supply, ensuring demonstration of CCS technology and making progress towards our carbon reduction targets.

  In the meantime, we are working closely with the Scottish Environment Protection Agency, Marine Scotland, Scottish Natural Heritage, Crown Estate, Health and Safety Executive as well as the UK government in order to develop an integrated approach to the licensing and consents processes which will be required for any CCS project. The Scottish Government is keen to develop a pragmatic approach to risk assessment and a streamlined approach to decision making, which would place Scotland at the forefront of the approach to CCS development. We look forward to these positive discussions with our partners continuing.

  Following on from the consultation, the Scottish Government has also decided that as part of any future application, either for new or significant retro-fitting for any thermal station, which would cover gas and biomass stations as well as coal, developers will need to demonstrate that they have seriously considered how waste heat from any thermal station could be utilised for use by local households or industry. The application would need to demonstrate that discussions with local authorities have been held. In the meantime, the Scottish Government is undertaking a short assessment on the issue of waste heat to assess issues relating to capacity, barriers and potential role for government. We are of the view that use of waste heat could be a way to assist security of supply and reduce overall emissions although we recognise some of the challenges involved.

  Finally, we plan to issue our detailed thermal guidance shortly following the setting out of the initial policy position.

  All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

Health

Cathy Jamieson (Carrick, Cumnock and Doon Valley) (Lab): To ask the Scottish Executive what plans are in place for the Healthcare Environment Inspectorate to undertake announced and unannounced visits beyond the acute sector.

Nicola Sturgeon: The Healthcare Environment Inspectorate was established to undertake a rigorous programme of inspections in acute hospitals and to date, has visited three sites. Details of these inspections and any follow up action which may be required will be published on the NHS Quality Improvement Scotland website. Decisions regarding the future development of its work programme will be taken in due course.

Health

Linda Fabiani (Central Scotland) (SNP): To ask the Scottish Executive whether it is aware of the work of the BMA to promote ethical purchasing policies for medical supplies for the NHS.

Nicola Sturgeon: Through NHS National Procurement, the centre for expertise for all procurement by NHSScotland, we are aware of the work of the BMA to promote ethical purchasing policies for medical supplies for the NHS.

Health

Linda Fabiani (Central Scotland) (SNP): To ask the Scottish Executive whether it is aware of the guidance on the ethical purchasing of medical supplies being developed by the BMA for the NHS in England.

Nicola Sturgeon: Through NHS National Procurement, the centre for expertise for all procurement by NHSScotland, we are aware of the guidance on the ethical purchasing of medical supplies being developed by the BMA for the NHS in England. NHSScotland will link into this guidance as part of its overall sustainability strategy.

Health

Linda Fabiani (Central Scotland) (SNP): To ask the Scottish Executive whether NHS Scotland is represented on the BMA’s Medical Fair and Ethical Trade Group.

Nicola Sturgeon: NHS Scotland is not represented on the BMA’s Medical Fair and ethical Trade Group.

  In December 2008, the Scottish Government published The Scottish Procurement Policy Handbook, which provides detail on both ethical standards of business and corporate social responsibility across the public sector in Scotland. NHS National Procurement, as the procurement centre of expertise for all NHSScotland organisations, is ensuring the adoption of these standards within the NHS procurement process in Scotland.

Health

Nicol Stephen (Aberdeen South) (LD): To ask the Scottish Executive what capacity Aberdeen Royal Infirmary has to provide adult respiratory extracorporeal membrane oxygenation treatment.

Nicol Stephen (Aberdeen South) (LD): To ask the Scottish Executive how many extracorporeal membrane oxygenation machines there are at Aberdeen Royal Infirmary and when these were acquired.

Nicol Stephen (Aberdeen South) (LD): To ask the Scottish Executive how many staff at Aberdeen Royal Infirmary have been trained in the provision of adult respiratory extracorporeal membrane oxygenation treatment.

Nicola Sturgeon: Aberdeen currently has two extracorporeal membrane oxygenation (ECMO) machines acquired last year, two consultants and nine specialist nurses trained by the UK’s nationally commissioned ECMO centre at Glenfield Hospital, Leicester for use in the provision of adult respiratory ECMO.

  This level of equipment and trained specialist staff can provide adult respiratory ECMO for one patient at a time, subject to agreement with and ongoing support and advice of Leicester clinicians on a case-by-case basis and in the context of the current H1N1 pandemic.

Health

Nicol Stephen (Aberdeen South) (LD): To ask the Scottish Executive what ongoing clinical support from the unit at Glenfield Hospital, Leicester, is required for the provision of adult respiratory extracorporeal membrane oxygenation treatment at Aberdeen Royal Infirmary.

Nicola Sturgeon: The national commissioned ECMO centre at Glenfield Hospital, Leicester is the "front door" for access to adult respiratory ECMO provision in the UK, and as such, all referrals for treatment are discussed and agreed with Leicester clinicians, who are on hand 24 hours a day to provide ongoing expert advice and support to the team in Aberdeen throughout the treatment of adult patients agreed as suitable for and subsequently placed on respiratory ECMO in the context of the current H1N1 pandemic.

Health

Nicol Stephen (Aberdeen South) (LD): To ask the Scottish Executive whether the two patients who have received adult respiratory extracorporeal membrane oxygenation treatment at Aberdeen Royal Infirmary were transferred from other NHS boards and, if so, which NHS boards.

Nicola Sturgeon: Neither of the patients who received adult respiratory extracorporeal membrane oxygenation (ECMO) treatment at Aberdeen Royal Infirmary was transferred from another NHS board area.

Health

Nicol Stephen (Aberdeen South) (LD): To ask the Scottish Executive whether it plans to increase the number of facilities that can provide adult respiratory extracorporeal membrane oxygenation treatment.

Nicola Sturgeon: It is fundamental that anyone who might benefit from extracorporeal membrane oxygenation (ECMO) treatment has access to it. There are robust arrangements in place to ensure access to adult respiratory ECMO treatment through the UK’s nationally commissioned ECMO centre at Glenfield Hospital in Leicester, and, when it is full, at the European ECMO centre in Stockholm.

  However, it is clear in the immediate term that H1N1 is having a significant impact on the demand for adult respiratory ECMO. That is why UK health ministers have agreed to double ECMO facilities at Glenfield Hospital to 10 beds, following recommendations by the UK Critical Care Group. Additional short term capacity has also been commissioned at the Royal Brompton and Papworth Hospitals in England which can provide a further four beds.

  In Scotland, Aberdeen Royal Infirmary is the only site with both ECMO machines and a clinical team trained by Leicester to provide adult respiratory ECMO. When additional capacity is required, ECMO could therefore also be provided in Aberdeen, but only with the agreement and ongoing support and advice of Leicester clinicians on a case-by-case basis and in the context of the current H1N1 pandemic.

  The potential medium and longer term needs for the provision of non-H1N1 adult respiratory ECMO in Scotland continues to be considered by the Expert Group set up for this purpose.

Healthcare Associated Infection

Cathy Jamieson (Carrick, Cumnock and Doon Valley) (Lab): To ask the Scottish Executive whether academic medical microbiology capacity has been reviewed by universities, as recommended by the Heathcare Associated Infection Task Force, and what recommendations have been made as a result.

Nicola Sturgeon: The Chief Medical Officer has arranged a meeting for next month to progress a review of medical microbiology capacity. It is, therefore, too early to provide any information on recommendations at present.

  NHS Education Scotland is also developing a framework to underpin education and training in antimicrobial prescribing and modules have been developed for under graduates and post graduates.

Healthcare Associated Infection

Cathy Jamieson (Carrick, Cumnock and Doon Valley) (Lab): To ask the Scottish Executive whether it has issued guidance to NHS boards on the use of disposable curtains in hospitals as part of a programme to prevent healthcare associated infection.

Nicola Sturgeon: No such guidance has been issued. The procurement and use of disposable curtains is a matter for individual NHS boards to decide.

Housing

Mary Mulligan (Linlithgow) (Lab): To ask the Scottish Executive with what organisations the Minister for Housing and Communities has had discussions on the concept of a housing investment bank.

Alex Neil: The Minister for Housing and Communities has identified the need for a wide range of alternative private finance options in order to help boost the supply of new affordable homes. Discussions about this have taken place with a variety of organisations and stakeholders, including the European Investment Bank and housing associations at the recent annual conference of the Rural and Islands Housing Associations’ Forum. As part of these discussions the concept of a housing investment bank has been raised.

Housing

Mary Mulligan (Linlithgow) (Lab): To ask the Scottish Executive whether the concept of a housing investment bank is being considered by the Housing Supply Task Force.

Alex Neil: No.

Housing

Mary Mulligan (Linlithgow) (Lab): To ask the Scottish Executive whether consideration is being given to including infrastructure development in the concept of a housing investment bank.

Alex Neil: The scope for a potential housing investment bank is still under consideration. All options that help boost the supply of new affordable housing, such as infrastructure development, are being examined.

Housing

Mary Mulligan (Linlithgow) (Lab): To ask the Scottish Executive whether consideration has been given to the relationship between a housing investment bank and the Scottish Investment Bank.

Alex Neil: The scope for a potential housing investment bank is still under consideration. This includes the relationship between a housing investment bank and the Scottish Investment Bank.

Housing

Mary Mulligan (Linlithgow) (Lab): To ask the Scottish Executive whether consideration has been given to the relationship between a housing investment bank and the European Investment Bank.

Alex Neil: The scope for a potential housing investment bank is still under consideration. All options that help boost the supply of new affordable housing, including the relationship between a housing investment bank and the European Investment Bank are being examined.

International Development

Patricia Ferguson (Glasgow Maryhill) (Lab): To ask the Scottish Executive how much of its international development budget is spent on developing civil society.

Michael Russell: The amount allocated from the international development budget this financial year (2009-10) on projects to develop civil society is £400,731.

International Development

Patricia Ferguson (Glasgow Maryhill) (Lab): To ask the Scottish Executive which of the projects funded through its international development budget are concerned with developing civil society.

Michael Russell: Details of the projects which are concerned with developing civil society are available on the Scottish Government’s website and can be accessed from the following link:

  http://www.scotland.gov.uk/Topics/Government/International-Relations/internationaldevelopment/idffundingguidance/malawidevprog/mdp2008.

Medication

Bill Butler (Glasgow Anniesland) (Lab): To ask the Scottish Executive, further to the answer to question S3W-27699 by Nicola Sturgeon on 5 October 2009, whether the views of (a) patients and (b) patient representative organisations will be considered by the Scottish Medicines Consortium when it reviews its modifiers in April 2010.

Nicola Sturgeon: The membership of the Scottish Medicines Consortium includes three patients and public partners. The Scottish Medicines Consortium has indicated that when reviewing the SMC’s published modifiers, all members will contribute to the review. In addition, the Scottish Medicines Consortium’s Patient and Public Interest Group will also be consulted.

Scots Language

Dave Thompson (Highlands and Islands) (SNP): To ask the Scottish Executive whether, in order to fulfil its responsibilities under the European Charter for Regional or Minority Languages, it requires accurate information on the status of the Scots language and, if so, whether the census will include adequate questions on Scots.

Michael Russell: Accurate information on the numbers of Scots speakers would contribute to the Scottish Government making progress with other Scots undertakings in Part II of the Council of Europe’s Charter for Regional and Minority languages. In relation to the census, Parliament will be asked later this year to approve the final choice of questions.

Vaccination

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive for what reason unpaid carers are not included in its influenza A (H1N1) vaccination programme.

Nicola Sturgeon: Social care staff employed to provide personal care to children and adults in care homes and the community will be vaccinated against influenza A (H1N1) in the initial priority group as announced on 13 August. These staff have been identified as an initial priority group for vaccination due to the fact that they have contact with a large number of individuals and may be at increased risk of exposure to the A (H1N1) virus. They are also a possible transmission route of the virus to vulnerable patients who they care for.

  In addition, unpaid carers who fall into an at-risk category themselves or who are a household contact of someone with a compromised immune system are included in the initial priority groups for the vaccine.

  The Scottish Government will continue to monitor the need for other groups to be vaccinated beyond the first priority groups over the coming months and further decisions on vaccination will be informed by independent scientific advice.

Wildlife Crime

Nanette Milne (North East Scotland) (Con): To ask the Scottish Executive how many wildlife crime incidents there have been since 1999, broken down by police force area.

Kenny MacAskill: The available information is given in the following table:

  Number of Wildlife Offences1 Recorded since 1999, Broken Down by Police Force Area

  

Police Force Area
1999-2000
2000-01
2001-02
2002-03
2003-04
2004-05
2005-06
2006-07
2007-08
2008-09


Central
21
33
33
9
17
27
23
25
29
36


Dumfries and Galloway
10
1
4
15
27
12
9
14
18
11


Fife
13
14
12
12
9
14
52
17
47
21


Grampian
20
27
25
20
50
37
41
72
48
49


Lothian and Borders
1
7
10
10
29
24
111
130
69
62


Northern
34
21
25
35
21
23
26
16
32
69


Strathclyde
27
21
37
39
65
64
61
94
81
114


Tayside
14
15
5
31
20
24
9
12
23
22


Scotland
140
139
151
171
238
225
332
380
347
384



  Notes: 1. Includes the offences categories of cruelty to animals (excluding dogs), animal offences (excluding dogs and birds), offences involving birds, hunting with dogs, cruelty to wild animals, offences involving badgers, and other wildlife offences.